Appellate Division: Second Judicial Department

M93119

W/prt

PETER B. SKELOS, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2002-00608, 2002-03439, 2002-10109 2004-02654 Arax Minassian, appellant, v Myron H. Temares, et al., respondents. (Index No. 15904/00)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue appeals from an order of the Supreme Court, Nassau County, dated December 3, 2001, a judgment of the same court entered March 5, 2002, and an order and resettled judgment (one paper) of the same court entered October 29, 2002, which had been determined in a decision and order of this Court dated April 21, 2003, and for leave to reargue their motion to dismiss the appeal from an order of the same court dated January 22, 2004, which had been determined in a decision and order on motion of this Court dated March 31, 2005. By decision and order on motion of this Court dated July 23, 2008, the motion was held in abeyance and referred to the panel of Justices hearing the appeals from a judgment of the same court entered October 11, 2007, and an order of the same court dated January 18, 2008, in a proceeding entitled Matter of Temares v County of Nassau for determination upon the argument or submission thereof.

Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, and upon the argument of the appeals from the judgment entered October 11, 2007, and the order dated January 18, 2008, it is

ORDERED that the motion is denied.

SKELOS, J.P., COVELLO, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court